AN
ORDINANCE AMENDING SECTIONS 2, 3, 5, 7, 18, 19, 21, 25, 36 AND 60(A)
OF THE CITY CHARTER TO CHANGE THE TITLE OF THE ADMINISTRATIVE ASSISTANT
TO CHIEF ADMINISTRATIVE OFFICER AND CHANGE THE RESIDENCY TO BE CONSISTENT
WITH STATE LAW.

BY
PRESIDENT NESS:

The
city of Duluth does ordain:

Section 1.That
Section 2 of the 1912 Charter of the city of Duluth, as amended, be amended
to read as follows:

This
government provided for by this Charter shall be known as the mayor-council
form of government. The mayor shall be aided by an administrative
assistantchief administrative
officer who, in the performance of the duties of such office, shall
be responsible to the mayor. The council shall have nine members, four
elected from the city at large and five from geographical districts.

The
city is hereby divided into five council districts numbered from one to
five consecutively.

After
the state legislative redistricting, based on a new federal census, the
city council shall determine whether or not the population of each council
district is substantially the same and, if not, the council shall by ordinance
establish election precincts to the council districts so as to equalize,
as nearly as practical, the number of people in each council district.
Each council district shall consist of contiguous territory. If, in any
such redistricting, the residence of any district councilor is placed
outside of the enumerated district from which such councilor was elected,
the office shall not be deemed vacant on that account and such councilor
shall continue to serve out the term for which elected.

The
council districts are established herein solely for the purposes of electing
district councilors. The administration of the city shall never be divided,
nor any facility ever provided, nor any appropriation ever made upon a
council district basis.

The
terms of office of the mayor and councilors shall be for four years and
until their successors are elected and qualified.

Section
2.That Section 3 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
3.Mayor and council subject to initiative,
referendum and recall; officers not to hold other public offices.

The
mayor and councilors shall be subject to the control and direction of
the people at all times by the initiative, referendum and recall provided
for in this Charter. The mayor, administrative
assistantchief administrative
officer and councilors shall not hold any other public office,
notary public excepted, during their tenure as mayor, administrative
assistantchief administrative
officer or councilors. The administrative
assistantchief administrative
officer shall be a full time officer of the city. The mayor shall
not engage in any other occupation during business hours.

Section
3.That Section 5 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
5.Salaries.

The
salary of the mayor shall be set by the council.

The
council shall provide in the annual operating budget a contingent fund
of five thousand dollars ($5,000) unless and until increased by the council.
This fund may be expended by the mayor for such public purposes as the
mayor may deem proper.

The
appointed administrative assistantchief administrative officer
shall be paid a salary set by the mayor with the approval of the council.

The
council shall not decrease the salary of any mayor or incumbent administrative
assistantchief administrative
officer, except prior to the general municipal election, and to
take effect at the beginning of the next term of office for mayor.

The
councilors shall be paid a fee of eight hundred thirty-three dollars ($833)
per month for service as a member of the council. Service as a member
of the council, to be eligible for this fee, shall require that the councilor
shall be present and in attendance for at least one full formal meeting
of the council during the month for which this fee is paid.

Section
4.That Section 7 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
7.Regular and special meetings; quorum;
records; investigations by council; employment of counsel.

(A).All
meetings of the council shall be public. It shall keep minutes of its
proceedings which shall be a public record. The council shall hold at
least one regular meeting semi-monthly and shall fix the date of all regular
meetings. Special meetings of the council may be called by the president
of the council, or the mayor, and shall be called by the president upon
petition of a majority of all members of the council. At any meeting of
the council six members shall constitute a quorum, but a less number may
adjourn from time to time. The council shall provide, by ordinance, a
means by which a minority may compel the attendance of absent members.
All councilors including the president, shall be entitled to vote in the
council at all times. Administrative officers of the city, in matters
relating to the functions of their offices, and the mayor at any time,
shall have the right to attend any meeting of the council, or any of its
committees, and may express their views on matters pending before the
council, but they shall have no right to introduce any motion, resolution
or ordinance, or amendments thereto, nor to vote thereon. The manner in
which each member of the council votes upon all propositions shall be
entered upon the minutes of the proceedings;

(B).The
council may, by ordinance, establish a procedure not inconsistent with
law for the holding of investigations of the operation of any office or
department administering the affairs of the city, or on any subject upon
which it may legislate. In conducting such investigations, the city council,
or any member thereof, acting under authority of a resolution adopted
by a majority of all members of the council, shall have the right to apply
to any court of competent jurisdiction for subpoenas to compel the attendance
of witnesses, the production of their books and papers, and the giving
of testimony by such witnesses, whenever such attendance, production of
books and papers, or the giving of testimony shall be in connection with
a subject within the jurisdiction of the city council.

For
the purpose of conducting inquiries and investigations the council may
employ and fix the compensation of counsel, experts, and employees, and
authorize such other expenditures as it deems necessary;

(C).All
appointments to municipal office by the mayor, except the mayor's choice
of administrative assistantchief administrative officer,
and all appointments of the administrative
assistantchief administrative
officer shall be submitted to the council for approval, and no
appointment shall be effective until such approval is granted.

Section
5.That Section 18 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
18.Powers and duties of mayor; council
to deal with administrative service solely through mayor.

All
executive and administrative powers of the city shall be vested in and
exercised by the mayor, the administrative
assistantchief administrative
officer and such other officers as may be established by or pursuant
to the provisions of this Charter. The mayor shall be the chief executive
officer of the city. The mayor shall:

(a)Exercise
directly, or with the assistance of the administrative
assistantchief administrative
officer, supervision of all of the executive and administrative
work of the city and provide for the coordination of administrative activities;

(b)See
that the provisions of this Charter, the ordinances of the city and all
laws are enforced;

(c)Appoint
the administrative assistantchief administrative officer;

(d)Appoint,
with the approval of the council, the members of all non-salaried boards
and commissions established by ordinance pursuant to the provisions of
this Charter. When such boards and commissions are specifically declared
by the council to be advisory to the mayor, no council approval shall
be required;

(e)Have
the power to remove, without restriction and without council confirmation,
all officers appointed by the mayor except members of non-salaried boards
who have been appointed for a definite term;

(f)Submit
annually to the council for its consideration and approval an operating
budget;

(g)Recommend
to the council a pay plan for all officers and employees;

(h)Sign
contracts, bonds or other instruments requiring the assent of the city,
except those which other officers are authorized to sign;

(i)See
that the terms and conditions of all contracts are faithfully executed;

(j)Upon
receiving service of notice, summons or process, in any action or proceeding
against the city, notify the city attorney and forthwith inform the council
thereof in writing;

(k)Exercise
such other powers and perform such other duties as may be prescribed by
this Charter, by ordinance or by applicable state law.

The
mayor may present to the council messages or information, attend council
meetings, have a voice in the proceedings, veto ordinances and resolutions.

Neither
the council, nor any of its members, shall direct or request the appointment
of any person to, or the removal of any person from office by the mayor
or by any of the mayor's subordinates, or in any manner take part in the
appointment or removal of officers and employees in the administrative
service of the city, except as otherwise provided in this Charter. Except
for the purpose of inquiry, the council and its members shall deal with
the administrative service solely through the mayor, and neither the council,
nor any member thereof, shall give orders to any subordinate of the mayor
either publicly or privately. Any councilor violating the provisions of
this Section, shall be guilty of a misdemeanor and upon conviction thereof
shall cease to be a councilor.

Section
6.That Section 19 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
19.Administrative
assistantChief administrative
officer.

There
is hereby established the office of administrative
assistantchief administrative
officer, who shall be appointed by the mayor for an indefinite
term and may be removed at the pleasure of the mayor. The administrative
assistantchief administrative
officer shall be the mayor's principal assistant. Such assistant
shall be appointed solely on the ability to perform the duties and functions
of the office, as set forth in this Charter, and shall have had, during
the ten years immediately preceding appointment, at least five years of
successful experience as an executive or administrator such as would qualify
a person for the performance of these duties. At
the time of appointment such assistant need not be a resident of the city
or state, but while in office such assistant shall reside within the city.
Should the mayor fail to appoint an administrative
assistantchief administrative
officer within ninety days of the effective date of this amendment,
or within ninety days of the occurrence of any vacancy in the position,
the council shall make the appointment of an individual meeting the qualifications
set forth in this Charter. The mayor may assign any other officer or employee
of the city to perform the duties of the administrative
assistantchief administrative
officer during the vacancy of that office or absence or disability
of that officer. The administrative
assistantchief administrative
officer, under the supervision of the mayor and subject to direction
by the mayor, shall supervise the heads of all departments except the
city attorney; appoint, with the approval of the mayor and the council,
and remove, with the approval of the mayor, the heads of all departments;
keep informed and keep the mayor advised concerning the activities of
all offices, departments and boards and make, or cause to be made, investigations
and studies of the internal organization and procedure of any office or
department, and may require such reports from any of them which such assistant
deems necessary; prescribe accepted standards of administrative practice
to be followed by all offices and departments; prepare the annual operating
and capital budgets and supervise the execution of budget ordinances;
make information available to the mayor, the council and the public concerning
the current status of the financial affairs of the city and all offices,
departments and boards receiving appropriations from the city; attend
meetings of the council at its request, and make available such information
as it may require; perform all other duties required of such officer by
this Charter, or by ordinance or assigned to such officer in writing by
the mayor.

The
mayor, by prior written notice directed to the administrative
assistantchief administrative
officer, may relieve the administrative
assistantchief administrative
officer of any duties, powers or responsibilities granted the administrative
assistantchief administrative
officer by the terms of this Charter. Such written notice, signed
by the mayor, shall be filed with the city clerk as a document of public
record.

The
administrative assistantchief administrative officer
is forbidden to use official authority or influence for the purpose of
affecting or interfering with a nomination or election to municipal office;
or directly or indirectly to coerce, attempt to coerce, command or advise
any municipal officer or servant or employee to pay, lend or contribute
any part of such person's salary or compensation or anything else of value
to any party, committee, organization, agency or person for municipal
political purposes. The administrative
assistantchief administrative
officer is forbidden to make any contributions for municipal political
purposes, but shall have full right to hold personal political beliefs
and to speak on municipal issues.

The
sole ground for removal of the administrative
assistantchief administrative
officer by the council shall be the finding by the council, based
on due proof submitted to the council upon a hearing held upon notice
for that purpose, that the administrative
assistantchief administrative
officer has violated the terms of the Charter restricting the political
activity of such officer.

Section
7.That Section 21 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
21.Department heads.

At
the head of each department there shall be an officer of the city, who
shall have control and direction of the department subject to the general
supervision of the administrative
assistantchief administrative
officer. The head of each department shall, with the approval of
the administrative assistantchief administrative officer,
have the power to appoint and remove all officers and employees of the
department subject to the civil service provisions of this Charter; provided,
that the equal opportunity representative shall be appointed by the mayor
with the approval of the city council and may only be removed by the mayor
with the approval of the city council. Two or more departments may be
headed by the same individual and the administrative
assistantchief administrative
officer may head one or more departments, and heads of the departments
may also serve as chiefs of divisions thereof as may be established by
ordinance, upon recommendation by the mayor. The authority herein conferred
upon the administrative assistantchief administrative officer
is granted subject to the limitations contained in Section 19 of this
Charter.

Each
department head shall possess the necessary qualifications to insure efficient
administration of such department. The council by ordinance shall establish
appropriate minimum qualifications for department heads, the deputy fire
chief, the deputy chief of police and the equal opportunity representative.

A
municipal employee who wishes to run for political office shall, before
commencing the campaign for such office, apply for and obtain a leave
of absence from such employee's municipal position. Except in the case
of municipal emergency leave of absence shall be granted by the appropriate
authority to every municipal employee desiring such leave for the purpose
of running for political office. For the purposes of this Section, the
term "political office" shall not be deemed to include a position on the
board of education of the city of Duluth.

All
city employees shall retain the right to vote as they may choose and to
express their opinions on all political subjects and candidates.

Section
8.That Section 25 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
25.City treasurer.

The
treasurer shall be the custodian of the funds of the city, and shall perform
such duties as shall be required by the mayor, the administrative
assistantchief administrative
officer, or by ordinance.

Section
9.That Section 36 of the 1912 Charter of the city of
Duluth, as amended, be amended to read as follows:

Sec.
36.Same--Powers and duties; exceptions
for those persons entitled to worker's compensation benefits.

(A).The
board, with the approval of the council, shall make rules and regulations
for the proper conduct of its business, and shall provide: for the classification
of all employees, except (1) the officers mentioned in Chapter IV (sections
18 through 34, inclusive) of this Charter; (2) two deputy chiefs of police,
who at the time of appointment as such must be a sworn law enforcement
officer in the classified service of the city; (3) a deputy fire chief,
who at the time of appointment as such must be employed in the fire department
of the city; (4) an equal opportunity representative; and (5) day laborers,
officers of election boards, special police officers, special detectives
and other temporary employees; for open competitive and free examination
as to fitness, provided that when the board certifies a position as an
entry level position which requires only basic manual skills, open and
free random selection may be used in lieu of or in connection with a competitive
examination; for an eligibility list from which vacancies shall be filled;
for a period of probation before employment is made permanent; and for
promotion on the basis of merit, experience and record. Employees within
the scope of this Chapter, who are in office at the time of the adoption
of this Charter, shall retain their positions, unless removed for cause.
The council may, by ordinance, confer upon the board such further rights
and duties as may be deemed necessary to enforce and carry out the principles
of this Chapter;

(B).Notwithstanding
anything to the contrary in paragraph (A) above, the board, with the approval
of the council, may establish noncompetitive or other alternative evaluation
procedures for the employment of persons with disabilities when because
of such disabilities the procedures prescribed by paragraph (a) would
not provide such disabled applicants with equal employment opportunity.
The board may authorize the appointment of any such person to a position
in the classified service if it determines that such person has so demonstrated
the ability to perform the duties of the position;

(C).Notwithstanding
anything to the contrary in paragraph (A) above or in any ordinance of
the city, any person who is employed or has been employed by the city
in any classified or unclassified position, who has sustained personal
injury arising out of and in the course of such person's employment with
the city within the meaning of the state worker's compensation law so
that such person may be entitled to receive worker's compensation benefits
as a result of such personal injury, or has sustained personal injury
or developed a disease or debilitating condition such that the person
may qualify for disability benefits pursuant to a long term disability
insurance program provided by the city by collective bargaining agreement
or otherwise, may be employed in any classified position deemed appropriate
by the administrative assistantchief administrative officer
without having to comply with the ordinary classified service procedures
regarding application for employment, testing, and certification from
an eligible list. Any person employed in a classified position pursuant
to this paragraph shall not be compensated for employment in such position
at a rate which is greater than that currently prescribed for the city
position or classification which such person occupied when the above-mentioned
personal injury was sustained, or the above-mentioned disability occurred.
The implementation of this Subsection (c) shall be subject to the provisions
of any pertinent collective bargaining agreement to which the city is
a party.

Section
10.That Section 60(A) of the 1912 Charter of the city of Duluth, as amended,
be amended to read as follows:

A
special assessment board is hereby established, consisting of the administrative
assistantchief administrative
officer, who shall be board chairman, the city engineer, the city
assessor, the director of public works and utilities and the director
of planning and development. During the period of any vacancy in one of
these positions, the mayor shall fill the vacant position on the board
by appointment of a supervisory employee from the department or office
that is temporarily not represented on the board. For purposes of this
Section, the offices of director of public works and utilities and director
of planning and development shall be deemed vacant whenever the administrative
assistantchief administrative
officer is serving in those capacities.

Three
members of this board shall at all times constitute a quorum thereof.

This
board shall keep minutes of all hearings conducted by the board and of
all meetings held by this board, which minutes shall be signed by the
secretary elected by this board, who may or may not be a member of this
board, and by the presiding officer, and filed in the Official Proceedings
of the Duluth City Council as a permanent record.

Section
11.That the 1912 Charter be amended so that in any place that the term
“administrative assistant” or “administrative assistant
to the mayor” is used the term “chief administrative officer”
shall be substituted for it.

Section
12.That this ordinance shall take effect, and the Charter shall be amended,
after passage or publication as required by the Charter and by Minnesota
Laws Section 410.12, subd. 7.

STATEMENT
OF PURPOSE: This ordinance changes the title of the administrative
assistant to the mayor to chief administrative officer and changes the
language on residency to be consistent with state law. In order to pass,
it requires the affirmative vote of all members of the city council.